Abkari workers challenged recovery for stock shortage at KSBC retail outlets, claiming theft and mismanagement. The court upheld liability fixed strictly per an unchallenged circular apportioning 50% liability to shop staff, found no FIR or theft claim established, and dismissed the writ petitions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
MONDAY, THE 3RD DAY OF JUNE 2024 / 13TH JYAISHTA, 1946
WP(C) NO. 16301 OF 2018
PETITIONERS:
1 K.C.SANTHOSH AGED 50 YEARS AGED 50 YEARS, S/O.K.N.CHANDRASEKHARAN,KOOTTUMMEL HOUSE, P.O.VEROOR - 686 104CHANGANASSERRY, KOTTAYAM.2 G.HARI KUMAR AGED 50 YEARS,S/O.GOPALAN NAIR,GEETHA SADANAM, CHAMPAKAR P.O.,KARUKACHAL - 686 540,KOTTAYAM DISTRICT. BY ADV SRI.T.O.XAVIERRESPONDENTS:
1 KERALA STATE BEVERAGES (M & M) CORPORATION LTD BEVCO TOWER, PALAYAM,VIKAS BHAVAN P.O.,THIRUVANANTHAPURAM - 695 033REPRESENTED BY THE MANAGING DIRECTOR.2 KERALA STATE BEVERAGES M M CORPORATION LTD DISTRICT AUDIT TEAM KOTTAYAM-1,REPRESENTED BY REGIONAL MANAGER3 GOVERNMENT OF KERALA SECRETARIAT, THIRUVANANTHAPURAM 695 001REPRESENTED BY THE CHIEF SECRETARY. BY ADV SRI.NAVEEN.T., SC, KERALA STATE BEV.CO. M. AND M.SRI. JUSTIN JACOB- SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2024, ALONG WITH WP(C).32665/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) Nos.16301 & 32665 OF 2018
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
MONDAY, THE 3RD DAY OF JUNE 2024 / 13TH JYAISHTA, 1946
WP(C) NO. 32665 OF 2018
PETITIONER/S:
1 K.C. SANTHOSH AGED 50 YEARSS/O.K.N.CHANDRASEKHARAN, KOOTTUMMEL HOUSE, P.O.VEROOR686 104, CHANGANASSERRY, KOTTAYAM.2 G. HARIKUMAR AGED 50 YEARSS/O. GOPALAN NAIR, GEETHA SADANAM, CHAMPAKAR P.O., KARUKACHAL - 686 540, KOTTAYAM DISTRICT.3 A.V. JOHN AGED 55 YEARS S/O. A.O. VARKEY, ALUNGAL HOUSE, P.O. AARPOOKARA, EAST KOTTAYAM.BY ADV T.O.XAVIER
RESPONDENT/S:
1 KERALA STATE BEVERAGES (M AND M) CORPORATION LTD. BEVCO TOWER, PALAYAM, VIKAS BHAVAN.P.O., THIRUVANANTHAPURAM-695 033, REPRESENTED BY THE MANAGING DIRECTOR.2 KERALA STATE BEVERAGE (M AND M) CORPORATION LTD. DISTRICT AUDIT TEAM KOTTAYAM - I, REPRESENTED BY REGIONAL MANAGER.3 GOVERNMENT OF KERALA SECRETARIAT, THIRUVANANTHAPURAM - 695 001, REPRESENTED BY THE CHIEF SECRETARY.BY ADV SRI.NAVEEN.T., SC, KERALA STATE BEV.CO. M. AND M.SRI. JUSTIN JACOB- SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2024, ALONG WITH WP(C).16301/2018, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.16301 & 32665 OF 2018
3
JUDGMENT
Dated this the 3rd day of June, 2024
These writ petitions have been filed impugning the recovery against the petitioners for loss of the stock of beverages from the retail outlets of the 1st respondent. The petitioners were abkari workers at the relevant time in the retail outlets. The District Audit Team conducted an inspection and it was found that there was mismatch in the final tally of the stock and no amount in respect of the shortage of stock was deposited by the respective outlets in the bank.
W.P.(C) Nos.16301 & 32665 OF 2018
4
being passed on the petitioners for their own mismanagement. The whole action of the respondents in realising the amount from the petitioners, who were abkari workers is against the principle of natural justice and against the law, and therefore, the same is liable to be set aside.
W.P.(C) Nos.16301 & 32665 OF 2018
5
were issued notices and the liabilities have been fixed
strictly in accordance with the circular.
Ext.R1(a) is read as under:
CIRCULAR
The proportion in which liability on account of shortage liquor stocks/cash at the shops will be recovered from the employees working in the Retail shops has been specified in Circular No.KSBC/IA/042/2011-12, dated 08.04.2011 as given below,
| Category of Employees | Proportion of Liability |
Remarks |
|---|---|---|
| Shop–in-charge/Shop Assistant |
50% | See Note (A) below |
| LDC/UDC/Helpers/Abkari Workers/Salesmen/Billing Machine Operator/other employees of the shop |
50% | See Note (A) below |
W.P.(C) Nos.16301 & 32665 OF 2018
6
Note A: The above will apply to employee of whichever category, who is holding charge of the post or is attending to the above duties.
In continuation to and in partial modification of the above Circular dated 08.04.2011, it is informed that shop liability on account of shortage in liquor stocks/cash at the shops shall include liability on account of shortage in Cartons at the shop also (Carton liability).
the circular has to be applied in case where loss/shortage of cash has been found in the retail outlet of the K.S.B.C. It is not in dispute that the responsibility had been fixed strictly in accordance with the circular to the extent of 50%. Once the circular is not under challenge and the responsibility for shortage of stock has been strictly in accordance with the circular, I do not think that the submission of the learned counsel for the petitioners merit any consideration.
W.P.(C) Nos.16301 & 32665 OF 2018
7
the case that there was theft in the storage. Vigilance enquiry is uncalled for, when the District Audit Team has found the shortage in the stock in the outlets, where the petitioners were working.
Considering the aforesaid, I do not find any merit in these writ petitions, therefore these writ petitions are dismissed.
Sd/-
DINESH KUMAR SINGH JUDGE
AP
W.P.(C) Nos.16301 & 32665 OF 2018
8
APPENDIX OF WP(C) 16301/2018
PETITIO |
NER EXHIB |
ITS |
||
|---|---|---|---|---|
EXHIBIT |
P1 |
A TRUE COPY THEISSUED BY THE 2ND |
NOTICE DATEDRESPONDENT |
25/4/2016 |
EXHIBIT |
P2 |
ATRUECOPYNO.KSBC/DAT/KTM/N- |
OFTHE008/2017-18 |
NOTICE |
EXHIBIT |
P3 |
ATRUECOPYNO.KSBC/DAT/KTM/N- |
OFTHE009/2017-18 |
NOTICE |
EXHIBIT |
P4 |
ATRUECOPYNO.KSBC/DAT/KTM/N- |
OFTHE010/2017-18 |
NOTICE |
EXHIBIT |
P5 |
ATRUECOPYNO.KSBC/DAT/KTM/N- |
OFTHE011/2017-18 |
NOTICE |
EXHIBIT |
P6 |
A TRUE COPY OF21/3/2017 |
THE COMMUNICAT |
ION DATED |
EXHIBIT |
P7 |
A TRUE COPY OF26/9/2017 |
THE COMMUNICAT |
ION DATED |
EXHIBIT |
P8 |
A TRUE COPY OF THE |
PETITION DATED |
6/10/2017 |
EXHIBIT |
P9 |
A TRUE COPY OF THE |
APPEAL DATED 13 |
/12/2017 |
EXHIBIT |
P10 |
A TRUE COPY OF THE |
APPEAL DATED 13 |
/4/2018 |
W.P.(C) Nos.16301 & 32665 OF 2018
9
APPENDIX OF WP(C) 32665/2018
PETITIO |
NER |
EXHIBITS |
|||
|---|---|---|---|---|---|
EXHIBIT |
P1 |
A TRUEON 04.1 |
COPY OF THE0.2017 ISSUE |
EXCESS STOCK BD BY THE 2ND RE |
ILL FOUNDSPONDENT. |
EXHIBIT |
P2 |
ATREF.NO.6.09.20 |
RUECOPYKSBC/DAT/LN/18. |
OFTHEO19/2017-18 |
NOTICEDATED |
EXHIBIT |
P3 |
A TRUERESPOND |
COPY OF THEENT DATED 24 |
REPLY ISSUED B.9.2018. |
Y THE IST |
EXHIBIT |
P4 |
A TRUEPETITIOLIABILI4.10.20 |
COPY OF THNER DATED 18TY FIXATION17. |
E REPLY ISSUED.06.2018 ALONGREPORT FROM 1. |
BY THESEWITH THE6.2017 TO |
EXHIBIT |
P5 |
A TRUEBY THE |
COPY OF THEPETITIONER D |
REPRESENTATIONATED 28.09.2018 |
SUBMITTED. |
EXHIBIT |
P5 |
A TRUEBY THE |
COPY OF THETHE PETITION |
REPRESENTATIONER DATED 28.09. |
SUBMITTED2018. |
EXHIBIT |
P5 |
A TRUEBY THE |
COPY OF THETHE PETITION |
REPRESENTATIONER DATED 28.09. |
SUBMITTED2018. |
2 issues framed by the court
Whether abkari workers could be held liable for shortage of beverage stock in retail outlets under the KSBC circular dated 16.11.2011.
Whether a vigilance enquiry was necessary where the petitioners alleged theft of the missing stock.
K.C. Santhosh
G. Hari Kumar
A.V. John
Kerala State Beverages (M & M) Corporation Ltd.
Kerala State Beverages (M & M) Corporation Ltd., District Audit Team Kottayam
Government of Kerala, Secretariat
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court